Fredonia Village City Zoning Code
ARTICLE V
Nonconforming Uses, Structures and Lots
§ 575-56 Existing nonconforming uses and structures.
The lawful nonconforming use of a structure, land, or water existing 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; however:
A.
Only that portion of the land or water in actual use may be so continued and the nonconforming use may not be extended, enlarged, 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.
Total lifetime structural repairs or alterations to a nonconforming structure shall not exceed 50% of its current equalized value unless it is permanently changed to conform to the use provisions of this chapter.
C.
Substitution of new equipment may be permitted by the Zoning Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use or structure with the neighboring uses.
§ 575-57 Abolishment or replacement.
A.
If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter.
B.
When a nonconforming structure is damaged by fire, explosion, flood, or other calamity to the extent of more than 50% of its current equalized value, it shall not be restored except so as to comply with the provisions of this chapter. A nonconforming structure 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 575-58 Changes and substitutions.
Once a nonconforming use has been changed to a conforming use or a nonconforming structure has been altered so as to comply with the yard, height, parking, loading, and access provisions of this chapter, 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 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 Board.
§ 575-59 Wetland nonconforming uses.
Notwithstanding § 62.23(7)(h), Wis. Stats., the repair, reconstruction, renovating, remodeling, or expansion of a legal nonconforming structure, or any environmental control facility related to a legal nonconforming structure, located in the C-1 Conservancy District and in existence at the time of adoption or subsequent amendment of this chapter is permitted pursuant to § 61.351(5), Wis. Stats.
§ 575-60 Nonconforming as to land or use by government action.
Action of a governmental body: Except for zoning or rezoning, when the action of a governmental body or agency renders a parcel of land or lot nonconforming, the use and structures shall, for all purposes, be considered conforming.