Brookfield Town City Zoning Code
§ 17.09
Nonconforming premises and structures.
[Amended 11-21-2006[1]]
(1)
Existing nonconforming premises and structures. The continued use of any building, premises, structure, or fixture for which the building, premises, structure, or fixture was used at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter; provided, however:
(a)
The nonconforming use may not be expanded or enlarged.
(b)
The expansion or addition to any existing building, premises, structure, or fixture used to carry on an otherwise prohibited trade or industry within the zoning district shall be prohibited.
(c)
If the nonconforming use is discontinued for a period of 12 months, any future use of the land, building, premises, structure, or fixture shall conform to the requirements of this chapter.
(d)
The total structural repair or alteration of any nonconforming building, premises, structure, or fixture shall not, during its life, exceed 50% of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use.
(2)
Restoration of nonconforming structures.
(a)
Notwithstanding the restrictions contained in Subsection (2)(b), the restoration of a nonconforming structure which was damaged or destroyed shall not be prohibited if the structure will be restored to the size, location, and use that existed immediately prior to the damage to, or destruction of, the building, premises, structure, or fixture, irrespective of the cost of repair, reconstruction, or improvement, provided all of the following conditions apply:
(b)
The size of the structure may be increased where such increase is necessary as a condition of complying with applicable state or federal requirements in effect immediately before the damage or destruction to the structure. Any determination as to the required increase in size shall be determined by the Building Inspector.
(3)
Existing substandard structures. The use of a structure existing at the time of the adoption or amendment of this chapter may be continued although the structure's size or location does not conform with the established building setback line along streets or the yard, height, parking, loading, access and lot area provisions of this chapter; however, such structure shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.
(4)
Changes and substitutions. Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Zoning Board of Appeals.
(5)
Purpose.
[Added 10-15-2002]
(a)
The purpose of this subsection is to establish legal, conforming status to certain residential structures which would otherwise be nonconforming structures because those structures were constructed within the offset or setback areas of a residential lot.
(b)
The owner of any property on which a structure, which would otherwise be deemed a nonconforming structure because of its failure to meet the offset and/or setback requirement, may submit a survey establishing the actual offset and/or setback measurements to the Building Inspector.
(c)
In the event the Building Inspector determines that the existing structure fails to meet the offset and/or setback requirements, but that the encroachment into the offset and/or setback areas is less than 10% of the minimum offset or setback required for that zoning classification, the Building Inspector may, after providing notice as set forth in Subsection (5)(d)3, certify the structure as a legal, conforming structure. In the event the Building Inspector determines that the encroachment into the offset and/or setback area is more than 10%, but less than 20%, the Plan Commission, after providing notice as set forth in Subsection (5)(d)3, may certify the structure as a legal, conforming structure.
(d)
Modification of offset and setback requirements. Notwithstanding anything contained herein to the contrary, the status of any structure within any portion of a lot designated as the offset or setback area of the lot, may be deemed a conforming structure, provided the construction or erection of the structure meets the following conditions:
1.
The structure was constructed or erected prior to January 1, 1980; and
2.
The property on which the structure is located is zoned for residential uses; and
3.
Prior to certifying any nonconforming structure as a legal, conforming structure under the provisions of this section, notice of the proposed certification shall be provided to all property owners whose properties are located within 300 feet of the property on which the structure is located, and those property owners shall be afforded a reasonable opportunity to object to the certification. In the event the Building Inspector receives any objection to the proposed certification, the Building Inspector shall then refer the request for certification to the Plan Commission for its review and a recommendation to the Town Board for approval. Upon certification, the offset and/or setback requirements, which apply to such structures, shall be those offsets depicted on the survey in the direction of encroachment into the established minimums, and in all other directions, to the offset and/or setback requirements which would otherwise be applicable to the zoning classification.
[1]
Editor's Note: This ordinance was approved 11-28-2016.