Fond Du Lac City Zoning Code
ARTICLE XII
Nonconforming Buildings, Structures and Uses
§ 720-89 Intent.
The regulations of this article are intended to provide controls over nonconforming uses and structures, and to specify those circumstances and conditions under which those nonconforming structures and uses may be repaired, restored, continued or discontinued, in accordance with the authority granted by Wisconsin Statutes. Nonconforming uses located within the S Shoreland Overlay District shall be regulated by the applicable provisions of § 62.231, Wis. Stats.
§ 720-90 Nonconforming uses.
The continued lawful use of a building, premises, structure or fixture existing lawfully at the time of the adoption or amendment of this chapter may continue in accordance with the following regulations:
A.
The nonconforming use may not be extended.
B.
The total structural repairs or alterations in such 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.
C.
If the nonconforming use is discontinued for a period of 12 months, any future use of the building, premises, structure, or fixture shall conform to the requirements of this article.
D.
The nonconforming use shall not be changed to any other use other than a use permitted in the district in which the building, premises, structure or fixture is located.
§ 720-91 Nonconforming structures.
[Amended 4-27-2016 by Ord. No. 3604]
A dwelling or other building that existed lawfully before this chapter was enacted or amended, but that does not conform to one or more of the current development regulations of this chapter, may continue, provided that:
A.
Repair, maintenance, renovation or remodeling of a nonconforming structure shall be permitted, without limitation based on cost.
B.
Restoration or replacement of a nonconforming structure damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation shall be permitted, without limitation based on cost, if the structure will be repaired, improved, restored or replaced to the size, location, and use that it had immediately before the damage or destruction occurred.
(1)
The size of a damaged or destroyed nonconforming structure may be increased to a size larger than the structure was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.
C.
Additions and enlargements.
(1)
Except as otherwise set forth in this article, a nonconforming structure shall not be added to or enlarged in any manner unless such nonconforming structure is made to conform to the regulations of the district in which it is located.
(2)
A structure designed or intended for a permitted use but is nonconforming as to lot size, setback, coverage, height, or parking requirements may be added to or enlarged, provided that any such addition complies with current development regulations of this chapter.
(3)
An attached or detached garage, and/or storage building or gazebo, may be constructed on a lot which contains a nonconforming dwelling unit as provided in § 720-11C(13) to (16) and (21).
[Amended 5-27-2020 by Ord. No. 3708]
D.
Relocation. A nonconforming structure may be moved in whole or in part on the same or any other lot, provided:
(1)
The relocated structure is designed or intended for a use permitted in the district in which it is to be located.
(2)
The relocated structure shall be made to conform to all of the regulations of the district in which it is to be located.
(3)
The relocated structure shall be in harmony with the general character of existing structures within the immediate neighborhood.
§ 720-92 Signs.
Notwithstanding any other provision of this article to the contrary, no nonconforming advertising sign or identification sign shall be replaced or restored, if damaged or destroyed by any cause greater than 50% of the assessed value, except in compliance with the applicable provisions of this chapter. (See Schedule VIII.)