Ashland City Zoning Code

PART 10

Nonconformities

10.1 General Provisions

Intent. Within this Ordinance, or amendments thereto, situations may occur where as a result of the provisions of this Ordinance, an existing use, parcel, structure, site feature, sign, or similar situation does not conform to one or more of the provisions of this Ordinance. It is the intent of this Ordinance to regulate such nonconforming situations to accomplish the following:
1. Recognize the existence of uses and dimensional and intensity characteristics of structures, parcels, site features, and signs that were lawful when established before the effective date of this Ordinance, but that no longer conform to all of the provisions of this Ordinance.
2. Regulate the enlargement, expansion, intensification, or extension of any nonconformity or any increase in the impact of a nonconformity on adjacent properties.
3. Encourage the elimination of nonconformities or their reduction of their impact on adjacent properties and the community.
Prior Construction Approved. Nothing contained herein shall require any change in the plans, construction, or designated use of a building legally under construction, or for which a permit for construction has been issued, at the time of the passage of this Ordinance or amendments thereto.
Nonconformities Due to Governmental Acquisition of Right-of-Way. Where a lot, parcel, or tract is occupied by a lawful structure, and where acquisition of right-of-way by eminent domain, dedication, or purchase by a city, county, state, or federal agency creates a nonconforming situation regarding any provision of this Ordinance, then such situation shall be deemed lawful.
Certificate of Occupancy. Certificates of occupancy for nonconformities existing on the effective date of this Ordinance may be issued by the Building Inspector or other Designated Authorized Agent provided that such certificates state that the nonconformity does not conform with the provisions of this Ordinance.
Relief from Nonconforming Status. The owner of a nonconformity may seek relief from the provisions of this Ordinance pursuant to the applicable procedures specified in Part 3: Applications, Review and Approval Procedures of this Ordinance relating to variances, conditional uses, and amendments.

10.2 Nonconforming Uses

Applicability. A nonconforming use may be continued subsequent to the effective date of this Ordinance, provided that such continuance is in accordance with the criteria for continuance as specified in this Section and all other applicable regulations necessary to ensure adequate protection and safety of adjacent property and the users and occupants of such nonconforming use.
Criteria for Continuance of Nonconforming Use. Continuance of a nonconforming use shall be permitted provided that all of the following criteria are met:
1. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of this Ordinance. No nonconforming use of land shall continue if it ceases for any reason (except where governmental action impedes access to the property) for a period of more than twelve (12) consecutive months or for twelve (12) months during any three (3) year period. No nonconforming land use shall be moved in whole or in part to any portion of the parcel or lot other than that occupied by such use on the effective date of this Ordinance.
2. No nonconforming use of a structure shall extend to any part of the structure that was not manifestly arranged or designed for such use on the effective date of this Ordinance and no such use shall be extended to occupy any land outside the structure. Moreover, such use or structure shall not be enlarged, extended, constructed, or reconstructed, moved, or structurally altered except for a permitted use. No nonconforming use of a structure shall continue if it is discontinued for twelve (12) consecutive months.
3. Any nonconforming use that requires a license, permit, or other evidence of City approval, initially issued lawfully prior to the nonconformity, shall be conducted in accordance with the terms of the City’s approval, provided that the use has not been abandoned for a continuous period of one (1) year or more. The license, permit, or other evidence of City approval ceases at the time the nonconformity ceases to exist.
4. If a structure housing a nonconforming use requires repairs or alterations, is removed, or damaged to the extent that the cost of repair, alteration or replacement exceeds fifty (50) percent of the appraised market value as determined by the City Assessor, excluding land value, the damaged structure shall not be repaired, or replaced, except in conformity with this Ordinance or as allowed by Wisconsin Statutes.
Change in Nonconforming Uses.
1. A nonconforming use shall not be changed to another nonconforming use.
2. When any nonconforming use has been changed to a conforming use, it shall not be later changed to a nonconforming use.
3. A nonconforming use may be changed to reduce the nonconformity, but once reduced, the use may not be changed to increase the nonconformity.
Elimination of Nonconforming Uses. The owner of a nonconforming use may employ one or more of the following mechanisms in an attempt to eliminate the nonconformity:
1. Replace the existing nonconforming use with a conforming use.
2. Apply for a conditional use permit, provided that the use is listed as a conditional use in the applicable zoning district.
3. Apply for a Zoning Map amendment to rezone the property to a zoning district in which the existing use is permitted. Or request an amendment to the Unified Development Ordinance to allow the nonconforming use to be a permitted use in the existing zoning district. An application for a map or text amendment shall be approved or denied based on the criteria specified in Section 3.3: Zoning Map Amendment or Section 3.4: Unified Development Ordinance Text Amendment.

10.3 Nonconforming Parcels

Applicability. Any parcel that was legally created and is of record with Ashland County Register of Deeds Office, but that does not comply with the minimum parcel requirements for the current zoning district in which it is located, may continue to be used for the legal use for which it is zoned in accordance with the criteria for continuance as specified in this Section and all other applicable provisions of this Ordinance.
Criteria for Continued Use of Nonconforming Parcels.
1. Any existing conforming use or conforming structure on a nonconforming parcel existing on the effective date of this Ordinance may be enlarged, extended, constructed, or moved provided such change does not increase the degree of nonconformity and is consistent with all applicable provisions of this Ordinance. However, a multi-family use may not be constructed, extended, or enlarged on a nonconforming lot.
2. A vacant parcel not served by public sanitary sewer may be used as permitted by the provisions of the applicable zoning district provided that it has at least one (1) acre of buildable area and it is demonstrated that a safe and adequate onsite sewage system can be installed to serve such use. The development shall meet all other applicable provisions of this Ordinance.
3. A nonconforming parcel shall not be altered to increase the nonconformity.
4. If in the case of two (2) or more contiguous parcels under single ownership, any individual parcel does not meet the minimum requirements of this Ordinance, such individual parcel shall not be considered as a separate parcel of land for purposes of sale or development, but shall be combined with a contiguous parcel or parcels so that the combination of parcels will equal one or more parcels of land meeting the full requirements of this Ordinance.
5. Nonconforming parcels may be combined for tax purposes with a contiguous parcel or parcels under single ownership, but shall not be divided into nonconforming parcels, even if the division is consistent with the original parcel configuration.
6. A development permit may be issued for construction of a single-family detached residence on a nonconforming parcel of record if the parcel is under separate ownership from all contiguous parcels and was created prior to the effective date of this Ordinance. Single-family detached residences shall not be developed on nonconforming parcels of record less than twenty-five (25) feet in width. Setbacks from interior parcel lines may be reduced to three (3) inches per foot of parcel width on these nonconforming parcels. A Certified Survey Map of the parcel may be required.
Elimination of Nonconforming Parcels. The owner of a nonconforming parcel may employ one or more of the following mechanisms in an attempt to eliminate the nonconformity.
1. Combine the existing nonconforming parcel with a contiguous parcel to form a single, new conforming parcel.
2. Request an amendment to the Unified Development Ordinance to allow the characteristics of the existing nonconforming parcel to conform to the provisions of the applicable zoning district. An application for a text amendment shall be approved or denied based on the criteria specified in Section 3.4: Unified Development Ordinance Text Amendment.
Exception to limits on development of nonconforming parcels. A nonconforming parcel may be used as a building site if:
1. The parcel does not have structures placed partly upon an adjacent parcel, and
2. The parcel is developed to comply with all other city ordinances.

10.4 Nonconforming Structures

Applicability. Any structure existing on the effective date of this Ordinance, which is not in conformity with the provisions of this Ordinance, shall be allowed to continue subject to the criteria for continued use as specified in this Section and all other applicable provisions of this Ordinance.
Criteria for Continued Use of Nonconforming Structures.
1. A nonconforming structure may be continued provided that it remains otherwise lawful pursuant to the provisions of this Ordinance.
2. No nonconforming structure shall be enlarged or altered in any way that increases its nonconformity except as permitted pursuant to the applicable conditional use procedure as specified in this Ordinance.
3. If a nonconforming structure is destroyed by any means to an extent of more than fifty (50) percent of its replacement cost exclusive of foundations, at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. A nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation on or after March 2, 2006, shall be allowed to be restored provided the structure is restored to the size 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.
4. If a nonconforming structure is moved for any distance, it shall thereafter conform to the applicable provisions of the zoning district in which it is located after it is moved.
5. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
Elimination of Nonconforming Structures. A nonconforming structure may be altered to bring it into conformity. However, once brought into conformity, it shall not be allowed to revert back to a nonconforming situation.

10.5 Nonconforming Site Features

Applicability. Nonconforming site features, including parking lots, screening, landscaping, and similar features, shall be allowed to continue subject to the criteria for continued use as specified in this Section and all other applicable sections of this Ordinance.
Criteria for Continued Use of Nonconforming Site Features.
1. Upon any change in occupancy, nonconforming site features may be continued without improvements, except that if the improvements exceed fifty (50) percent of the value of the existing feature, the feature shall be brought into full conformance with this Ordinance.
2. When expansion of an existing nonconforming site feature is required or planned, the newly constructed portion shall be in conformance the provisions of this Ordinance.
3. In the case of a nonconforming fence or wall, the fence or wall shall lose its nonconforming status and shall be brought into compliance or removed if one or more of the following occurs:
  1. The fence or wall is structurally altered in any way, except for normal maintenance or repair, which tends to make the fence less in compliance with the requirements of this Ordinance than it was before the alteration;
  2. The fence or wall is relocated;
  3. The fence or wall fails to comply with the Ordinance in regard to maintenance and repair; or
  4. The fence or wall endangers the health, safety, or welfare of the public.

10.6 Nonconforming Signs

Intent. This Ordinance is intended to encourage the eventual elimination of signs that do not comply with this Ordinance. However, it is also the intent of this Ordinance to avoid unreasonable invasion of property rights while accomplishing removal of nonconforming signs. Nonconforming signs shall be allowed to continue subject to the criteria for continued use as specified in this Section and all other applicable sections of this Ordinance.
Criteria for Continued Use of Nonconforming Signs.
1. A nonconforming sign shall only be allowed to continue if it was installed consistent with the applicable ordinances and regulations in place at the time of the installation.
2. Alterations involving a change in the information on the face of a sign may be made to an existing nonconforming sign if the change does not increase the area of the sign or the sign’s compatibility with properties in the area. However, any nonconforming sign shall either be eliminated or made to conform to the provisions of this Ordinance if an alteration, modification, or improvement to the sign exceeds fifty (50) percent of the cost of installing a new sign of the same type and at the same location. It shall not be reestablished after damage or destruction by natural causes if the Zoning Administrator or Designated Authorized Agent determines that the estimated cost of construction exceeds fifty (50) percent of the estimated replacement cost.
3. Nothing in this Ordinance shall relieve the owner or user of a nonconforming sign or the property owner on which the sign is located from the provisions of this Ordinance regarding safety, maintenance, and repair of signs, except that such repair shall not extend or intensify the nonconforming features of the sign.
4. An abandoned sign that endangers the health, safety, or welfare of the public shall be abated by the owner within sixty (60) days of receiving notice. After sixty (60) days, the sign may be removed by the City at the owner’s expense.
Loss of Legal Nonconforming Status. A nonconforming sign shall lose its legal nonconforming status and shall be removed or brought into conformance with the provisions of this Ordinance if any of the following occurs:
1. The sign is structurally altered in any way, except for normal maintenance or repair, that increases the nonconformity.
2. The sign is relocated.
3. The sign fails to comply with the provisions of this Ordinance relating to maintenance, repair, abandonment, or dangerous or defective signs.
4. Within two weeks of receipt of written notice from the Zoning Administrator or other Authorized Agent of occurrence of any of the above, the sign shall be brought into compliance with this Ordinance pursuant to the issuance of a sign permit, or shall be removed.

Ashland City Zoning Code

PART 10

Nonconformities

10.1 General Provisions

Intent. Within this Ordinance, or amendments thereto, situations may occur where as a result of the provisions of this Ordinance, an existing use, parcel, structure, site feature, sign, or similar situation does not conform to one or more of the provisions of this Ordinance. It is the intent of this Ordinance to regulate such nonconforming situations to accomplish the following:
1. Recognize the existence of uses and dimensional and intensity characteristics of structures, parcels, site features, and signs that were lawful when established before the effective date of this Ordinance, but that no longer conform to all of the provisions of this Ordinance.
2. Regulate the enlargement, expansion, intensification, or extension of any nonconformity or any increase in the impact of a nonconformity on adjacent properties.
3. Encourage the elimination of nonconformities or their reduction of their impact on adjacent properties and the community.
Prior Construction Approved. Nothing contained herein shall require any change in the plans, construction, or designated use of a building legally under construction, or for which a permit for construction has been issued, at the time of the passage of this Ordinance or amendments thereto.
Nonconformities Due to Governmental Acquisition of Right-of-Way. Where a lot, parcel, or tract is occupied by a lawful structure, and where acquisition of right-of-way by eminent domain, dedication, or purchase by a city, county, state, or federal agency creates a nonconforming situation regarding any provision of this Ordinance, then such situation shall be deemed lawful.
Certificate of Occupancy. Certificates of occupancy for nonconformities existing on the effective date of this Ordinance may be issued by the Building Inspector or other Designated Authorized Agent provided that such certificates state that the nonconformity does not conform with the provisions of this Ordinance.
Relief from Nonconforming Status. The owner of a nonconformity may seek relief from the provisions of this Ordinance pursuant to the applicable procedures specified in Part 3: Applications, Review and Approval Procedures of this Ordinance relating to variances, conditional uses, and amendments.

10.2 Nonconforming Uses

Applicability. A nonconforming use may be continued subsequent to the effective date of this Ordinance, provided that such continuance is in accordance with the criteria for continuance as specified in this Section and all other applicable regulations necessary to ensure adequate protection and safety of adjacent property and the users and occupants of such nonconforming use.
Criteria for Continuance of Nonconforming Use. Continuance of a nonconforming use shall be permitted provided that all of the following criteria are met:
1. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of this Ordinance. No nonconforming use of land shall continue if it ceases for any reason (except where governmental action impedes access to the property) for a period of more than twelve (12) consecutive months or for twelve (12) months during any three (3) year period. No nonconforming land use shall be moved in whole or in part to any portion of the parcel or lot other than that occupied by such use on the effective date of this Ordinance.
2. No nonconforming use of a structure shall extend to any part of the structure that was not manifestly arranged or designed for such use on the effective date of this Ordinance and no such use shall be extended to occupy any land outside the structure. Moreover, such use or structure shall not be enlarged, extended, constructed, or reconstructed, moved, or structurally altered except for a permitted use. No nonconforming use of a structure shall continue if it is discontinued for twelve (12) consecutive months.
3. Any nonconforming use that requires a license, permit, or other evidence of City approval, initially issued lawfully prior to the nonconformity, shall be conducted in accordance with the terms of the City’s approval, provided that the use has not been abandoned for a continuous period of one (1) year or more. The license, permit, or other evidence of City approval ceases at the time the nonconformity ceases to exist.
4. If a structure housing a nonconforming use requires repairs or alterations, is removed, or damaged to the extent that the cost of repair, alteration or replacement exceeds fifty (50) percent of the appraised market value as determined by the City Assessor, excluding land value, the damaged structure shall not be repaired, or replaced, except in conformity with this Ordinance or as allowed by Wisconsin Statutes.
Change in Nonconforming Uses.
1. A nonconforming use shall not be changed to another nonconforming use.
2. When any nonconforming use has been changed to a conforming use, it shall not be later changed to a nonconforming use.
3. A nonconforming use may be changed to reduce the nonconformity, but once reduced, the use may not be changed to increase the nonconformity.
Elimination of Nonconforming Uses. The owner of a nonconforming use may employ one or more of the following mechanisms in an attempt to eliminate the nonconformity:
1. Replace the existing nonconforming use with a conforming use.
2. Apply for a conditional use permit, provided that the use is listed as a conditional use in the applicable zoning district.
3. Apply for a Zoning Map amendment to rezone the property to a zoning district in which the existing use is permitted. Or request an amendment to the Unified Development Ordinance to allow the nonconforming use to be a permitted use in the existing zoning district. An application for a map or text amendment shall be approved or denied based on the criteria specified in Section 3.3: Zoning Map Amendment or Section 3.4: Unified Development Ordinance Text Amendment.

10.3 Nonconforming Parcels

Applicability. Any parcel that was legally created and is of record with Ashland County Register of Deeds Office, but that does not comply with the minimum parcel requirements for the current zoning district in which it is located, may continue to be used for the legal use for which it is zoned in accordance with the criteria for continuance as specified in this Section and all other applicable provisions of this Ordinance.
Criteria for Continued Use of Nonconforming Parcels.
1. Any existing conforming use or conforming structure on a nonconforming parcel existing on the effective date of this Ordinance may be enlarged, extended, constructed, or moved provided such change does not increase the degree of nonconformity and is consistent with all applicable provisions of this Ordinance. However, a multi-family use may not be constructed, extended, or enlarged on a nonconforming lot.
2. A vacant parcel not served by public sanitary sewer may be used as permitted by the provisions of the applicable zoning district provided that it has at least one (1) acre of buildable area and it is demonstrated that a safe and adequate onsite sewage system can be installed to serve such use. The development shall meet all other applicable provisions of this Ordinance.
3. A nonconforming parcel shall not be altered to increase the nonconformity.
4. If in the case of two (2) or more contiguous parcels under single ownership, any individual parcel does not meet the minimum requirements of this Ordinance, such individual parcel shall not be considered as a separate parcel of land for purposes of sale or development, but shall be combined with a contiguous parcel or parcels so that the combination of parcels will equal one or more parcels of land meeting the full requirements of this Ordinance.
5. Nonconforming parcels may be combined for tax purposes with a contiguous parcel or parcels under single ownership, but shall not be divided into nonconforming parcels, even if the division is consistent with the original parcel configuration.
6. A development permit may be issued for construction of a single-family detached residence on a nonconforming parcel of record if the parcel is under separate ownership from all contiguous parcels and was created prior to the effective date of this Ordinance. Single-family detached residences shall not be developed on nonconforming parcels of record less than twenty-five (25) feet in width. Setbacks from interior parcel lines may be reduced to three (3) inches per foot of parcel width on these nonconforming parcels. A Certified Survey Map of the parcel may be required.
Elimination of Nonconforming Parcels. The owner of a nonconforming parcel may employ one or more of the following mechanisms in an attempt to eliminate the nonconformity.
1. Combine the existing nonconforming parcel with a contiguous parcel to form a single, new conforming parcel.
2. Request an amendment to the Unified Development Ordinance to allow the characteristics of the existing nonconforming parcel to conform to the provisions of the applicable zoning district. An application for a text amendment shall be approved or denied based on the criteria specified in Section 3.4: Unified Development Ordinance Text Amendment.
Exception to limits on development of nonconforming parcels. A nonconforming parcel may be used as a building site if:
1. The parcel does not have structures placed partly upon an adjacent parcel, and
2. The parcel is developed to comply with all other city ordinances.

10.4 Nonconforming Structures

Applicability. Any structure existing on the effective date of this Ordinance, which is not in conformity with the provisions of this Ordinance, shall be allowed to continue subject to the criteria for continued use as specified in this Section and all other applicable provisions of this Ordinance.
Criteria for Continued Use of Nonconforming Structures.
1. A nonconforming structure may be continued provided that it remains otherwise lawful pursuant to the provisions of this Ordinance.
2. No nonconforming structure shall be enlarged or altered in any way that increases its nonconformity except as permitted pursuant to the applicable conditional use procedure as specified in this Ordinance.
3. If a nonconforming structure is destroyed by any means to an extent of more than fifty (50) percent of its replacement cost exclusive of foundations, at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. A nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation on or after March 2, 2006, shall be allowed to be restored provided the structure is restored to the size 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.
4. If a nonconforming structure is moved for any distance, it shall thereafter conform to the applicable provisions of the zoning district in which it is located after it is moved.
5. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
Elimination of Nonconforming Structures. A nonconforming structure may be altered to bring it into conformity. However, once brought into conformity, it shall not be allowed to revert back to a nonconforming situation.

10.5 Nonconforming Site Features

Applicability. Nonconforming site features, including parking lots, screening, landscaping, and similar features, shall be allowed to continue subject to the criteria for continued use as specified in this Section and all other applicable sections of this Ordinance.
Criteria for Continued Use of Nonconforming Site Features.
1. Upon any change in occupancy, nonconforming site features may be continued without improvements, except that if the improvements exceed fifty (50) percent of the value of the existing feature, the feature shall be brought into full conformance with this Ordinance.
2. When expansion of an existing nonconforming site feature is required or planned, the newly constructed portion shall be in conformance the provisions of this Ordinance.
3. In the case of a nonconforming fence or wall, the fence or wall shall lose its nonconforming status and shall be brought into compliance or removed if one or more of the following occurs:
  1. The fence or wall is structurally altered in any way, except for normal maintenance or repair, which tends to make the fence less in compliance with the requirements of this Ordinance than it was before the alteration;
  2. The fence or wall is relocated;
  3. The fence or wall fails to comply with the Ordinance in regard to maintenance and repair; or
  4. The fence or wall endangers the health, safety, or welfare of the public.

10.6 Nonconforming Signs

Intent. This Ordinance is intended to encourage the eventual elimination of signs that do not comply with this Ordinance. However, it is also the intent of this Ordinance to avoid unreasonable invasion of property rights while accomplishing removal of nonconforming signs. Nonconforming signs shall be allowed to continue subject to the criteria for continued use as specified in this Section and all other applicable sections of this Ordinance.
Criteria for Continued Use of Nonconforming Signs.
1. A nonconforming sign shall only be allowed to continue if it was installed consistent with the applicable ordinances and regulations in place at the time of the installation.
2. Alterations involving a change in the information on the face of a sign may be made to an existing nonconforming sign if the change does not increase the area of the sign or the sign’s compatibility with properties in the area. However, any nonconforming sign shall either be eliminated or made to conform to the provisions of this Ordinance if an alteration, modification, or improvement to the sign exceeds fifty (50) percent of the cost of installing a new sign of the same type and at the same location. It shall not be reestablished after damage or destruction by natural causes if the Zoning Administrator or Designated Authorized Agent determines that the estimated cost of construction exceeds fifty (50) percent of the estimated replacement cost.
3. Nothing in this Ordinance shall relieve the owner or user of a nonconforming sign or the property owner on which the sign is located from the provisions of this Ordinance regarding safety, maintenance, and repair of signs, except that such repair shall not extend or intensify the nonconforming features of the sign.
4. An abandoned sign that endangers the health, safety, or welfare of the public shall be abated by the owner within sixty (60) days of receiving notice. After sixty (60) days, the sign may be removed by the City at the owner’s expense.
Loss of Legal Nonconforming Status. A nonconforming sign shall lose its legal nonconforming status and shall be removed or brought into conformance with the provisions of this Ordinance if any of the following occurs:
1. The sign is structurally altered in any way, except for normal maintenance or repair, that increases the nonconformity.
2. The sign is relocated.
3. The sign fails to comply with the provisions of this Ordinance relating to maintenance, repair, abandonment, or dangerous or defective signs.
4. Within two weeks of receipt of written notice from the Zoning Administrator or other Authorized Agent of occurrence of any of the above, the sign shall be brought into compliance with this Ordinance pursuant to the issuance of a sign permit, or shall be removed.

Ashland City Zoning Code

PART 10

Nonconformities

10.1 General Provisions

Intent. Within this Ordinance, or amendments thereto, situations may occur where as a result of the provisions of this Ordinance, an existing use, parcel, structure, site feature, sign, or similar situation does not conform to one or more of the provisions of this Ordinance. It is the intent of this Ordinance to regulate such nonconforming situations to accomplish the following:
1. Recognize the existence of uses and dimensional and intensity characteristics of structures, parcels, site features, and signs that were lawful when established before the effective date of this Ordinance, but that no longer conform to all of the provisions of this Ordinance.
2. Regulate the enlargement, expansion, intensification, or extension of any nonconformity or any increase in the impact of a nonconformity on adjacent properties.
3. Encourage the elimination of nonconformities or their reduction of their impact on adjacent properties and the community.
Prior Construction Approved. Nothing contained herein shall require any change in the plans, construction, or designated use of a building legally under construction, or for which a permit for construction has been issued, at the time of the passage of this Ordinance or amendments thereto.
Nonconformities Due to Governmental Acquisition of Right-of-Way. Where a lot, parcel, or tract is occupied by a lawful structure, and where acquisition of right-of-way by eminent domain, dedication, or purchase by a city, county, state, or federal agency creates a nonconforming situation regarding any provision of this Ordinance, then such situation shall be deemed lawful.
Certificate of Occupancy. Certificates of occupancy for nonconformities existing on the effective date of this Ordinance may be issued by the Building Inspector or other Designated Authorized Agent provided that such certificates state that the nonconformity does not conform with the provisions of this Ordinance.
Relief from Nonconforming Status. The owner of a nonconformity may seek relief from the provisions of this Ordinance pursuant to the applicable procedures specified in Part 3: Applications, Review and Approval Procedures of this Ordinance relating to variances, conditional uses, and amendments.

10.2 Nonconforming Uses

Applicability. A nonconforming use may be continued subsequent to the effective date of this Ordinance, provided that such continuance is in accordance with the criteria for continuance as specified in this Section and all other applicable regulations necessary to ensure adequate protection and safety of adjacent property and the users and occupants of such nonconforming use.
Criteria for Continuance of Nonconforming Use. Continuance of a nonconforming use shall be permitted provided that all of the following criteria are met:
1. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of this Ordinance. No nonconforming use of land shall continue if it ceases for any reason (except where governmental action impedes access to the property) for a period of more than twelve (12) consecutive months or for twelve (12) months during any three (3) year period. No nonconforming land use shall be moved in whole or in part to any portion of the parcel or lot other than that occupied by such use on the effective date of this Ordinance.
2. No nonconforming use of a structure shall extend to any part of the structure that was not manifestly arranged or designed for such use on the effective date of this Ordinance and no such use shall be extended to occupy any land outside the structure. Moreover, such use or structure shall not be enlarged, extended, constructed, or reconstructed, moved, or structurally altered except for a permitted use. No nonconforming use of a structure shall continue if it is discontinued for twelve (12) consecutive months.
3. Any nonconforming use that requires a license, permit, or other evidence of City approval, initially issued lawfully prior to the nonconformity, shall be conducted in accordance with the terms of the City’s approval, provided that the use has not been abandoned for a continuous period of one (1) year or more. The license, permit, or other evidence of City approval ceases at the time the nonconformity ceases to exist.
4. If a structure housing a nonconforming use requires repairs or alterations, is removed, or damaged to the extent that the cost of repair, alteration or replacement exceeds fifty (50) percent of the appraised market value as determined by the City Assessor, excluding land value, the damaged structure shall not be repaired, or replaced, except in conformity with this Ordinance or as allowed by Wisconsin Statutes.
Change in Nonconforming Uses.
1. A nonconforming use shall not be changed to another nonconforming use.
2. When any nonconforming use has been changed to a conforming use, it shall not be later changed to a nonconforming use.
3. A nonconforming use may be changed to reduce the nonconformity, but once reduced, the use may not be changed to increase the nonconformity.
Elimination of Nonconforming Uses. The owner of a nonconforming use may employ one or more of the following mechanisms in an attempt to eliminate the nonconformity:
1. Replace the existing nonconforming use with a conforming use.
2. Apply for a conditional use permit, provided that the use is listed as a conditional use in the applicable zoning district.
3. Apply for a Zoning Map amendment to rezone the property to a zoning district in which the existing use is permitted. Or request an amendment to the Unified Development Ordinance to allow the nonconforming use to be a permitted use in the existing zoning district. An application for a map or text amendment shall be approved or denied based on the criteria specified in Section 3.3: Zoning Map Amendment or Section 3.4: Unified Development Ordinance Text Amendment.

10.3 Nonconforming Parcels

Applicability. Any parcel that was legally created and is of record with Ashland County Register of Deeds Office, but that does not comply with the minimum parcel requirements for the current zoning district in which it is located, may continue to be used for the legal use for which it is zoned in accordance with the criteria for continuance as specified in this Section and all other applicable provisions of this Ordinance.
Criteria for Continued Use of Nonconforming Parcels.
1. Any existing conforming use or conforming structure on a nonconforming parcel existing on the effective date of this Ordinance may be enlarged, extended, constructed, or moved provided such change does not increase the degree of nonconformity and is consistent with all applicable provisions of this Ordinance. However, a multi-family use may not be constructed, extended, or enlarged on a nonconforming lot.
2. A vacant parcel not served by public sanitary sewer may be used as permitted by the provisions of the applicable zoning district provided that it has at least one (1) acre of buildable area and it is demonstrated that a safe and adequate onsite sewage system can be installed to serve such use. The development shall meet all other applicable provisions of this Ordinance.
3. A nonconforming parcel shall not be altered to increase the nonconformity.
4. If in the case of two (2) or more contiguous parcels under single ownership, any individual parcel does not meet the minimum requirements of this Ordinance, such individual parcel shall not be considered as a separate parcel of land for purposes of sale or development, but shall be combined with a contiguous parcel or parcels so that the combination of parcels will equal one or more parcels of land meeting the full requirements of this Ordinance.
5. Nonconforming parcels may be combined for tax purposes with a contiguous parcel or parcels under single ownership, but shall not be divided into nonconforming parcels, even if the division is consistent with the original parcel configuration.
6. A development permit may be issued for construction of a single-family detached residence on a nonconforming parcel of record if the parcel is under separate ownership from all contiguous parcels and was created prior to the effective date of this Ordinance. Single-family detached residences shall not be developed on nonconforming parcels of record less than twenty-five (25) feet in width. Setbacks from interior parcel lines may be reduced to three (3) inches per foot of parcel width on these nonconforming parcels. A Certified Survey Map of the parcel may be required.
Elimination of Nonconforming Parcels. The owner of a nonconforming parcel may employ one or more of the following mechanisms in an attempt to eliminate the nonconformity.
1. Combine the existing nonconforming parcel with a contiguous parcel to form a single, new conforming parcel.
2. Request an amendment to the Unified Development Ordinance to allow the characteristics of the existing nonconforming parcel to conform to the provisions of the applicable zoning district. An application for a text amendment shall be approved or denied based on the criteria specified in Section 3.4: Unified Development Ordinance Text Amendment.
Exception to limits on development of nonconforming parcels. A nonconforming parcel may be used as a building site if:
1. The parcel does not have structures placed partly upon an adjacent parcel, and
2. The parcel is developed to comply with all other city ordinances.

10.4 Nonconforming Structures

Applicability. Any structure existing on the effective date of this Ordinance, which is not in conformity with the provisions of this Ordinance, shall be allowed to continue subject to the criteria for continued use as specified in this Section and all other applicable provisions of this Ordinance.
Criteria for Continued Use of Nonconforming Structures.
1. A nonconforming structure may be continued provided that it remains otherwise lawful pursuant to the provisions of this Ordinance.
2. No nonconforming structure shall be enlarged or altered in any way that increases its nonconformity except as permitted pursuant to the applicable conditional use procedure as specified in this Ordinance.
3. If a nonconforming structure is destroyed by any means to an extent of more than fifty (50) percent of its replacement cost exclusive of foundations, at the time of destruction, it shall not be reconstructed except in conformity with this Ordinance. A nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation on or after March 2, 2006, shall be allowed to be restored provided the structure is restored to the size 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.
4. If a nonconforming structure is moved for any distance, it shall thereafter conform to the applicable provisions of the zoning district in which it is located after it is moved.
5. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
Elimination of Nonconforming Structures. A nonconforming structure may be altered to bring it into conformity. However, once brought into conformity, it shall not be allowed to revert back to a nonconforming situation.

10.5 Nonconforming Site Features

Applicability. Nonconforming site features, including parking lots, screening, landscaping, and similar features, shall be allowed to continue subject to the criteria for continued use as specified in this Section and all other applicable sections of this Ordinance.
Criteria for Continued Use of Nonconforming Site Features.
1. Upon any change in occupancy, nonconforming site features may be continued without improvements, except that if the improvements exceed fifty (50) percent of the value of the existing feature, the feature shall be brought into full conformance with this Ordinance.
2. When expansion of an existing nonconforming site feature is required or planned, the newly constructed portion shall be in conformance the provisions of this Ordinance.
3. In the case of a nonconforming fence or wall, the fence or wall shall lose its nonconforming status and shall be brought into compliance or removed if one or more of the following occurs:
  1. The fence or wall is structurally altered in any way, except for normal maintenance or repair, which tends to make the fence less in compliance with the requirements of this Ordinance than it was before the alteration;
  2. The fence or wall is relocated;
  3. The fence or wall fails to comply with the Ordinance in regard to maintenance and repair; or
  4. The fence or wall endangers the health, safety, or welfare of the public.

10.6 Nonconforming Signs

Intent. This Ordinance is intended to encourage the eventual elimination of signs that do not comply with this Ordinance. However, it is also the intent of this Ordinance to avoid unreasonable invasion of property rights while accomplishing removal of nonconforming signs. Nonconforming signs shall be allowed to continue subject to the criteria for continued use as specified in this Section and all other applicable sections of this Ordinance.
Criteria for Continued Use of Nonconforming Signs.
1. A nonconforming sign shall only be allowed to continue if it was installed consistent with the applicable ordinances and regulations in place at the time of the installation.
2. Alterations involving a change in the information on the face of a sign may be made to an existing nonconforming sign if the change does not increase the area of the sign or the sign’s compatibility with properties in the area. However, any nonconforming sign shall either be eliminated or made to conform to the provisions of this Ordinance if an alteration, modification, or improvement to the sign exceeds fifty (50) percent of the cost of installing a new sign of the same type and at the same location. It shall not be reestablished after damage or destruction by natural causes if the Zoning Administrator or Designated Authorized Agent determines that the estimated cost of construction exceeds fifty (50) percent of the estimated replacement cost.
3. Nothing in this Ordinance shall relieve the owner or user of a nonconforming sign or the property owner on which the sign is located from the provisions of this Ordinance regarding safety, maintenance, and repair of signs, except that such repair shall not extend or intensify the nonconforming features of the sign.
4. An abandoned sign that endangers the health, safety, or welfare of the public shall be abated by the owner within sixty (60) days of receiving notice. After sixty (60) days, the sign may be removed by the City at the owner’s expense.
Loss of Legal Nonconforming Status. A nonconforming sign shall lose its legal nonconforming status and shall be removed or brought into conformance with the provisions of this Ordinance if any of the following occurs:
1. The sign is structurally altered in any way, except for normal maintenance or repair, that increases the nonconformity.
2. The sign is relocated.
3. The sign fails to comply with the provisions of this Ordinance relating to maintenance, repair, abandonment, or dangerous or defective signs.
4. Within two weeks of receipt of written notice from the Zoning Administrator or other Authorized Agent of occurrence of any of the above, the sign shall be brought into compliance with this Ordinance pursuant to the issuance of a sign permit, or shall be removed.