Cedar Grove Village
City Zoning Code
City Zoning Code
ARTICLE IV
Nonconforming Uses, Structures and Lots
§ 250-20 Existing nonconforming uses.
A.
The lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provision of this chapter.
B.
Only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, 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.[1]
[1]
Editor's Note: Original Sec. 17.06(1)(c) of the 2006 Code, limiting the structural repairs or alterations allowed on a nonconforming structure, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provision, Art. II).
C.
Substitution of new equipment may be permitted by the Board of Zoning Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.
§ 250-21 Abolishment or replacement.
A.
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure or land shall conform to the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
A current file of all nonconforming uses shall be maintained by the Building Inspector listing the following: owner's name and address; use of the structure or land; and assessed value at the time of its becoming a nonconforming use.
C.
A nonconforming building damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation after March 2, 2006, may be restored in accordance with the provisions of § 62.23(7)(hc), Wis. Stats.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 250-22 Existing nonconforming structures.
The lawful nonconforming structure existing at the time of the adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading and access provisions of this chapter; however, it 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.
§ 250-23 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 Board of Zoning 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 Board of Zoning Appeals.
§ 250-24 Substandard lots.
A.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel, providing such lot or parcel was of record in the County Register of Deeds office before the effective date or amendment of this chapter.
B.
Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If in separate ownership, all the district requirements shall be complied with insofar as practical but shall not be less than the following:
(1)
Lot.
(a)
Width: Minimum 40 feet.
(b)
Area: Minimum 4,600 square feet.
(2)
Building.
(a)
Height: Maximum 30 feet.
(3)
Yards.
(a)
Street: Minimum 25 feet; the second street yard on corner lots shall be not less than 10 feet.
(b)
Rear: Minimum 25 feet.
(c)
Side: Minimum 16% of the frontage, but not less than five feet.
§ 250-25 Nonconforming lots, structures, and uses in Industrial District.
In the Industrial District, single-family detached dwellings and their accessory structures may be erected on any legal lot or parcel of record at the time of the adoption of this chapter. The burden of proof shall be on the applicant for a building permit or certificate of zoning compliance to show that such lot was of record in the County Register of Deeds office prior to the adoption of this chapter. No further subdivision for residential purposes is permitted in the Industrial District. Any building or structure erected after the adoption of this chapter under this section shall conform to the requirements of §§ 250-22 and 250-24, shall not be subject to the repair and termination provisions of §§ 250-20 and 250-21.