Gillett City Zoning Code
ARTICLE II
Nonconformities
§ 21-13 Intent.
[Amended 3-2-2006 by Ord. No. 2006-03]
The intent of this article is to promote uniformity in zoning and the elimination of nonconforming use of properties or for their continuance subject to certain restrictions, and that the ownership of such nonconforming property is transferable. Any lot, land or structure which existed at the date of the adoption or amendments of this chapter which would not be permitted or permissible by the provisions of this chapter as adopted or amended shall be deemed nonconforming.
§ 21-14 Nonconforming use of land.
[Amended 3-2-2006 by Ord. No. 2006-04]
Upon the effective date of adoption or amendment of this chapter, if a use of land or structure exists which would not be permitted or permissible in the district in which it is located, such use may be continued subject to the following restrictions:
A.
Such use shall not be enlarged, increased or extended to occupy a greater area of the lot or structure that was occupied on the effective date of adoption or amendment of this chapter.
B.
Such use shall not be moved in any part to any other portion of the lot or structure other than that portion occupied by such use on the effective date of adoption or amendment of this chapter.
C.
When such use of land is discontinued or abandoned for any period of time, for any reason whatsoever or when such use of land is replaced by a permitted use, a nonconforming use shall not be resumed. If a nonconforming structure is vacated for any period of time for any reason whatsoever, including change of tenants, or when such use of a structure is replaced by a permitted use, a nonconforming use shall not be resumed. The exception is residential buildings located within the business-commercial area that were originally constructed for residential purposes.
D.
No additional structure in connection with such use shall be erected.
§ 21-15 Nonconforming use of structures.
Where, on the effective date of adoption or amendment of this chapter, the use of a structure exists which would not be permitted or permissible in the district in which it is located, such use may be continued subject to the following restrictions:
A.
In the Residential District, such use shall not be enlarged or extended in a manner that will increase the degree of nonconformity.
B.
In all other districts, such use shall not be enlarged or extended to more than 50% of the floor area devoted to such use on the effective date of adoption or amendment of this chapter. Any enlargement or extension of use and any structural alteration in connection with such enlargement or extension shall require approval by the Zoning Board of Appeals and, if applicable, comply with § 21-17 below.
C.
When such use of a structure is discontinued or abandoned for a period of 12 consecutive months for any reason whatever, or when such use is replaced by a permitted or permissible use, the nonconforming use shall thereafter not be resumed.
D.
A nonconforming use of a structure may be changed to another nonconforming use, provided that the proposed use is no more nonconforming than the existing use. The determination of whether the proposed new use is more nonconforming than the existing use shall be determined by the Building Inspector. Any party aggrieved by the decision of the Building Inspector may appeal this matter to the Zoning Board of Appeals, whose decision shall be final.
E.
If such structure is destroyed or damaged to an extent of less than 50% of its replacement cost at the time of destruction, it may be reconstructed and its use continued, provided that any reconstruction shall substantially reflect the prior structural arrangement and shall not increase the degree of nonconformity. If such structure is destroyed or damaged to an extent of more than 50% of its replacement cost at the time of destruction, any reconstruction for the continuation of the same use shall require the approval of the Planning Committee, whose decision shall be final. For purposes of this subsection, the extent of the destruction or damage shall be determined by the Building Inspector within 21 days.
§ 21-16 Nonconforming structures.
Where, on the effective date of adoption or amendment of this chapter, a structure exists which could not be erected in the district in which it is located by reason of restriction on lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may continue in existence subject to the following restrictions:
A.
Such structure shall not be altered in any manner that would increase the degree of nonconformity. Any other structural alteration shall require approval by the Zoning Board of Appeals.
B.
If such structure is destroyed or damaged to an extent of less than 50% of its replacement cost at the time of destruction it may be reconstructed, provided that any reconstruction shall substantially reflect the prior structural arrangement and shall not increase the degree of nonconformity. If such structure is destroyed or damaged to an extent of more than 50% of its replacement cost at the time of destruction, any reconstruction shall require approval by the Planning Committee. For the purpose of this subsection, damages shall be determined by the Building Inspector within 21 days.
C.
Pursuant to § 62.23(7)(hc), Wis. Stats., and notwithstanding any other provision 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 to, or replaced at, the size, location, and use that it had immediately before the damage or destruction occurred, and 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 it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
§ 21-17 Nonconforming lots of record.
In any residential district, a single-family dwelling and customary accessory structures may be erected on a single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements of lot area, lot width or both for the district in which it is located. Variance from yard requirements shall be obtained only through action by the Zoning Board of Appeals.
§ 21-18 Repairs and maintenance.
Nothing in this chapter shall be deemed to prevent normal maintenance or repair of any structure or to prevent restoring to a safe condition any structure declared to be unsafe.
§ 21-19 Existing special exceptions.
Any use or structure existing on the effective date of adoption or amendment of this chapter which is classified as a special exception in the district in which it is located shall be deemed to have been granted approval by the Planning Committee, subject to maintaining the character and extent of such use or structure existing on that date. Any extension, enlargement or change in such use or structure shall require approval of the Planning Committee, as provided in this chapter.