Burlington City Zoning Code
ARTICLE VIII
Nonconforming Uses, Structures and Lots
§ 315-84 Nonconforming uses, structures, and lots in general.
Existing lawful nonconforming uses, structures, and lots shall meet the provisions of this article, and those located within floodplains, shorelands, and shoreland-wetlands shall also comply with the City floodplain, shoreland, and shoreland-wetland regulations, whichever are more restrictive.
§ 315-84.1 Definitions.
For purposes of this article, the following definitions shall apply:
The part of this article that applies to elements including setback, height, lot coverage, and side yard. Statutory reference: § 62.23(7)(hb)(1)(a), Wis. Stats.
§ 315-84.2 Existing nonconforming uses.
The lawful nonconforming use of land or water; or a lawful nonconforming use in a conforming structure; or a lawful nonconforming use on a conforming or nonconforming lot that existed at the time of the adoption or amendment of the Zoning Ordinance for the City of Burlington, Wisconsin, may be continued although the use does not conform with the provisions of this chapter; however:
A.
Only that portion of the structure, fixture, land or water in actual use may be so continued and the nonconforming use may not be extended, enlarged, reconstructed, substituted, or moved, except when required to do so by law or order or so as to comply with the provisions of this chapter.
B.
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, fixture, or premises shall conform to the provisions of this chapter.
C.
When a structure with a nonconforming use is damaged by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity to the extent of more than 50% of its equalized assessed value, it shall not be restored except so as to comply with the use provisions of this chapter.
D.
Total lifetime structural repair or alterations to a building, structure, fixture or premises containing a nonconforming use shall not during its life exceed 50% of the equalized assessed value of the building, premises, structure, or fixture unless it is permanently changed to conform to the use provisions of this chapter. Ordinary maintenance repairs are not considered structural repairs, modifications, or additions. Some examples of such repair include painting, caulking, decorating, paneling, and other nonstructural components; and the repair or replacement of doors, windows, utilities, sewage treatment, and water supply systems.
E.
Substitution of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
§ 315-84.3 Conforming structures on nonconforming lots.
The conforming use of a conforming structure existing at the time of the adoption or amendment of this chapter may be continued although the lot area and/or width does not conform to the requirements of this chapter.
A.
Additions and enlargements to such structures are permitted provided they conform to the established yard/setback, height, parking, loading, access provisions, and other development regulations of this chapter, other than minimum lot dimensional requirements.
B.
Existing structures on nonconforming lots that are damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity may be reconstructed provided they conform to the established yard/setback, height, parking, loading, access provisions, and other development regulations of this chapter, other than minimum lot dimensional requirements.
§ 315-84.4 Nonconforming structures on conforming or nonconforming lots.
A.
A nonconforming structure with a conforming use lawfully 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 to the development regulations of this chapter.
B.
Nonconforming structures with a conforming use may be repaired, maintained, renovated, rebuilt, or remodeled, subject to building code or other applicable requirements. No prohibition or limits based on cost may be imposed on the repair, maintenance, renovation, or remodeling of such structures.
C.
Additions and enlargements to existing encroachment. The provisions of this subsection with respect to additions or enlargements are applicable only if the lot is served by public sanitary sewer or, if relevant, conforms with existing sanitary code requirements for private on-site sewage treatment systems (POWTS).
D.
Existing nonconforming structures may be moved and shall then conform to the established yard/setback, height, parking, loading, and access provisions of this chapter.
E.
A nonconforming structure with a conforming use that is damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity may be restored or replaced to the size, location, and use that it had immediately before the damage or destruction occurred, subject to building code and other applicable requirements. No limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the structure may be larger than the size immediately before the damage or destruction occurred if necessary for the structure to comply with applicable state or federal requirements. Any reconstruction shall conform to the development regulations of this chapter, to the extent practicable, and existing sanitary code requirements, and shall commence within 24 months of the date of damage or destruction, unless an extension is granted by the government agency having authority.
§ 315-85 Vacant nonconforming lots.
A.
All substandard lots in separate ownership shall comply with all relevant district and shoreland requirements insofar as practicable, and shall comply as nearly as possible with the following:
B.
Statutory provisions. In accordance with § 66.10015(2)(e), Wis. Stats., a property owner of a legal nonconforming (substandard) lot may:
(1)
Convey an ownership interest in a substandard lot.
(2)
Use the substandard lot as a building site if all of the following apply:
(a)
The substandard lot or parcel has never been developed with one or more of its structures placed partly upon an adjacent lot or parcel.
(b)
The substandard lot or parcel is developed to comply with all other requirements of this chapter, except the minimum lot dimensional requirement unless otherwise specified.
C.
Merging. In accordance with § 66.10015(4), Wis. Stats., the City may not require one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.
§ 315-86 Changes and substitutions.
Once a nonconforming use has been changed to a conforming use or a substandard structure has been altered so as to comply with this chapter, it shall not revert back to a nonconforming use or substandard structure. The Zoning Board of Appeals may permit the substitution of a more restrictive nonconforming use for an existing nonconforming use. Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the prior existing use shall lose its status as a legal nonconforming use and the substituted use shall become subject to all the conditions required by the Zoning Board of Appeals.
§ 315-87 Floodplain nonconforming uses.
Modifications or additions to any nonconforming use or structure and to the use of any structure or premises in the FW, GFP and/or FFO Districts which were lawful before the passage of the ordinance adopting these provisions or any amendment thereto shall adhere to Chapter 119, Article VI. Modifications and additions include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding, or replacement of any such existing use or structure. Maintenance is allowed and is not considered a modification, which includes painting, decorating, paneling, and other nonstructural components and the maintenance, or repair, of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance.
§ 315-88 Wetland nonconforming uses.
The repair, reconstruction, renovating, remodeling, restoration, or expansion of a legal nonconforming structure, or any environmental control facility related to such structure located in shoreland-wetlands (of five acres or more in size) and in existence at the time of adoption or subsequent amendment of this article may be permitted in accordance with the provisions of § 62.23 (7)(hc), Wis. Stats.