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Corning City Zoning Code

DIVISION 17.7

NONCONFORMING USES AND SUBSTANDARD LOTS

17.7.01 - NONCONFORMING USES AND STRUCTURES.

(1)

CONTINUANCE OF A NONCONFORMING USE OR STRUCTURE. Any nonconforming use or structure lawfully existing upon the effective date of this chapter, or amendments thereto, may be continued in a manner of operation existing upon such date, except as specified in this section. Uses and structures that are nuisances or present a hazard to the public health, safety, and welfare shall not be permitted to continue as nonconforming uses.

(2)

MAINTENANCE OF A NONCONFORMING USE OR STRUCTURE. The normal maintenance of a nonconforming structure, or of a structure or lot containing or related to a nonconforming use, is permitted without the requirement of a zoning permit. Such normal maintenance includes necessary nonstructural repairs, internal and external painting, decorating, drywalling, interior remodeling, paneling and the replacement of doors, windows, and other nonstructural components.

(3)

MODIFICATION OF A NONCONFORMING USE OR STRUCTURE. For the purposes of this section, the words "modification" and "addition" include any addition, structural modification, structural alteration, enclosure of deck or patio, change of roof pitch, replacement of roof trusses or rafters, replacement of foundational elements or similar components, rebuilding, or replacement of any such existing use or structure that may or may not result in an addition to the livable area, gross floor area, or building footprint. Modifications or additions to nonconforming structures or uses shall be permitted provided that they:

(a)

Do not encroach into the minimum side yard in the zoning district or the minimum street yard as required in Section 17.4.10, unless such modification involves the rebuilding of a nonconforming structure within its original footprint and to the original livable floor area specifications within that encroachment area.

(b)

Do not increase the degree of nonconformity with respect to other dimensional or performance standards in this chapter.

(c)

Meet all provisions of this chapter, Chapter 21, and §59.692(1s), Wis. Stats., if within the shoreland zone.

(d)

Obtain a zoning permit under Section 17.8.50.

(4)

DISCONTINUANCE OF A NONCONFORMING USE OR STRUCTURE. When any nonconforming use is discontinued for 12 consecutive months, or is changed into a conforming use, the nonconforming use is no longer permitted and any future use of said structure or lot shall be in complete conformity with the provisions of this chapter. When any lawful nonconforming structure in any district is modified so as to be in conformance with the provisions of this chapter, any subsequent modification of said structure or building shall be in conformance with the provisions of this chapter.

(5)

STRUCTURES AND USES FOR WHICH A ZONING PERMIT HAS BEEN LAWFULLY GRANTED. Structures and uses for which a zoning permit has been lawfully granted prior to the effective date of this chapter or applicable amendments thereto, which will become nonconforming under the provisions of this chapter or amendments thereto, may be completed in accordance with the approved plans, provided that construction is started and completed in accordance with timeframes established under Section 17.8.50. Said structure or use shall thereafter be considered a legal nonconforming structure or use.

(6)

LANDS IN SHORELAND OR FLOODPLAIN OVERLAY ZONES. Chapter 21, Shoreland Zoning Ordinance, and Chapter 20, Floodplain Zoning Ordinance, may include provisions regarding nonconforming uses and structures in the shoreland zone and floodplain zones. In the event of conflict between applicable provisions of those chapters and the provisions in this section, the more restrictive provisions shall apply.

17.7.02 - NONCONFORMING SIGNS.

(1)

NONCONFORMING SIGNS. Signs lawfully existing at the time of the adoption or amendment of this chapter may be continued although the use, size, or location does not conform with the provisions of this chapter (see in particular Division 17.6). Such signs shall be treated as nonconforming structure, subject to the provisions of Section 17.7.01. In addition, no nonconforming sign shall be structurally altered or moved to a new location without being brought into compliance with the requirements of Division 17.6.

(2)

SIGNS FOR NONCONFORMING USES OR STRUCTURES. Business signs on the same lot as a nonconforming use or structure may be continued, but new signs for such uses shall not be allowed, nor shall signs in such situations expand in number, area, height, or illumination. New signs, not to exceed the sign areas under Division 17.6, may be erected only upon the complete removal of all other signs existing at the time of adoption of this chapter.

17.7.03 - SUBSTANDARD LOTS.

(1)

LOTS CREATED AFTER ADOPTION OF THIS CHAPTER. No new lot shall be created which does not meet the dimensional requirements within the base zoning district in which it is located or as specified by subdivision ordinance, whichever is larger.

(2)

PROVISIONS FOR SUBSTANDARD LOTS SERVED BY PUBLIC SANITARY SEWER SERVICE.

(a)

A lot which was part of a plat or certified survey map, or was otherwise recorded in the County Register of Deed's office before November 1, 1968, may be used as a building site for a single-family dwelling (or a use of similar intensity in a nonresidential zoning district) upon the issuance of a zoning permit, subject to the following conditions:

1.

Such use is permitted in the base zoning district in which the lot is located.

2.

The minimum lot area shall be at least 7,500 square feet and the minimum lot width shall be at least 50 feet.

3.

All dimensional requirements of this chapter shall be complied with insofar as practical.

(b)

A lot which was part of a plat or certified survey map, or was otherwise recorded as a lot of record in County Register of Deed's office between November 1, 1968 and December 21, 2004 may be used as a building site for a single family dwelling (or a use of similar intensity in a nonresidential zoning district) upon the issuance of a zoning permit, subject to the following conditions:

1.

Such use is permitted in the base zoning district in which the lot is located.

2.

The minimum lot area shall be at least 10,000 square feet and the minimum lot width shall be at least 65 feet at the building line and 65 feet at the water line when located on navigable waters.

3.

All dimensional requirements of this chapter shall be complied with insofar as practical.

(3)

PROVISIONS FOR SUBSTANDARD LOTS NOT SERVED BY PUBLIC SANITARY SEWER SERVICE.

(a)

A lot which was part of a plat or certified survey map, or was otherwise recorded in the County Register of Deed's office before November 1, 1968, may be used as a building site for a single-family dwelling (or a use of similar intensity in a nonresidential zoning district) upon the issuance of a zoning permit, subject to the following conditions:

1.

Such use is permitted in the base zoning district in which the lot is located.

2.

The minimum lot area shall be at least 10,000 square feet and the minimum lot width shall be 65 feet at the building line and 65 feet at the waterline when located on navigable waters.

3.

All dimensional requirements of this chapter shall be complied with insofar as practical.

(b)

A lot which was part of a plat or certified survey map, or was otherwise recorded as a lot of record in County Register of Deed's office between November 1, 1968 and April 16, 1991, may be used as a building site for a single-family dwelling (or a use of similar intensity in a nonresidential zoning district) upon the issuance of a zoning permit, subject to the following conditions:

1.

Such use is permitted in the base zoning district in which the lot is located.

2.

The minimum lot area shall be at least 20,000 square feet and the minimum lot width shall be 80 feet at the building line and 100 feet at the waterline when located on navigable waters, except as may be otherwise allowed in Chapter 21.

3.

All dimensional requirements of this chapter shall be complied with insofar as practical.

(c)

A lot which was part of a plat or certified survey map, or was otherwise recorded as a lot of record in County Register of Deed's office between April 17, 1991 and December 21, 2004, may be used as a building site for a single-family dwelling (or a use of similar intensity in a nonresidential zoning district) upon the issuance of a zoning permit, subject to the following conditions:

1.

Such use is permitted in the base zoning district in which the lot is located.

2.

The minimum lot area shall be at least 30,000 square feet and the minimum lot width shall be 100 feet at the building line and 150 feet at the waterline when on navigable waters, except as may be otherwise allowed in Chapter 21.

3.

All dimensional requirements of this chapter shall be complied with insofar as practical.

(4)

OTHER SUBSTANDARD LOTS. A zoning permit for the improvement of a lot having lesser dimensions than those stated in subsections (2) and (3) or for another use on a substandard lot aside from a single-family dwelling (or a use of similar intensity in a nonresidential zoning district) shall be issued only after the granting of a variance by the Zoning Board of Adjustment.

(5)

LANDS IN SHORELAND OR FLOODPLAIN OVERLAY ZONES. Chapter 21, Shoreland Zoning Ordinance, and Chapter 20, Floodplain Zoning Ordinance, may include provisions regarding substandard lots in those respective zones. In the event of conflict between those chapters and the provisions in this section, the more restrictive provisions shall apply.